Supreme Court of India · 1980-09-16
MAHADEO PRASAD SINGH & ANR. vs RAM LOCHAN & ORS.
- Citation / case number
- SC 1973/60405
- Court
- Supreme Court of India
- Petitioner
- MAHADEO PRASAD SINGH & ANR.
- Respondent
- RAM LOCHAN & ORS.
- Author
- RANJIT SINGH SARKARIA
- Bench
- RANJIT SINGH SARKARIA
Judgment text excerpt
The Supreme Court interpreted Section 42 of the Code of Civil Procedure, as amended by the U.P. Civil Laws (Reform and Amendment) Act, 1954, clarifying that the transferee court has the same powers as the court which passed the decree. The Court held that the decree-holder had a substantive right to have the decree executed by the Munsif's court after the amendment. The judgment of the Full Bench of the High Court was set aside, affirming the validity of the execution sale conducted by the Munsif's court under the amended provisions.